What Is the Eviction Process in California?

The eviction process in California, also known as an Unlawful Detainer lawsuit, is the legal procedure landlords must follow to remove tenants from rental property. California has strong tenant protections, making proper procedure essential.

Key Takeaway

California evictions typically take 30-102 days depending on the situation. Self-help evictions (changing locks, shutting off utilities) are illegal and can result in significant penalties.

California Eviction Timeline Overview

Eviction Process Timeline (Best Case)

Day 1: Serve Notice

Serve appropriate notice (3, 30, or 60 days depending on situation)

Days 4-61: File Lawsuit

If tenant doesn't comply, file Unlawful Detainer with Superior Court

Days 5-66: Court Service

Court serves Summons and Complaint to tenant

Days 10-81: Tenant Response

Tenant has 5 days to respond if personally served

Days 20-91: Court Hearing

Hearing scheduled if tenant responds

Days 21-92: Judgment

Judge issues ruling

Days 26-97: Sheriff Notice

Sheriff posts 5-day Notice to Vacate

Days 31-102: Lockout

Sheriff removes tenant if they haven't left

Timeline Warning

This timeline represents best-case scenarios. Tenant delays, court backlogs, and legal complications can extend the process by weeks or months.

What if I can't afford to wait up to 102 days for the eviction process?

Many landlords can't afford the extended vacancy period during evictions. If you're facing mounting costs, consider alternatives like cash-for-keys agreements or selling your rental property to a cash buyer who can close in 7-21 days and handle the tenant situation.

Legal Grounds for Eviction in California

In California, landlords can't evict tenants without a valid reason. The state distinguishes between "at-fault" and "no-fault" evictions, each with different requirements.

What if my tenant's violations are in a gray area?

Many landlords struggle with situations where tenant behavior is problematic but might not clearly meet eviction standards. Document everything carefully and consult with an attorney. Alternatively, selling the property with tenant in place eliminates the legal uncertainty entirely.

Landlord's Pre-Eviction Checklist

Before starting an eviction, ensure you have proper documentation and have followed all required steps.

Pro Tip

Keep all documentation organized chronologically. Courts favor landlords who can demonstrate consistent, professional communication and proper procedure.

Step-by-Step Eviction Process

Step 1: Serve a Proper Eviction Notice

The first step is serving the tenant with the appropriate written notice. The type of notice depends on your reason for eviction.

How to Serve the Notice

• Personal Delivery: Hand the notice directly to the tenant

• Substituted Service: Leave with a competent adult at the property and mail a copy

• Post and Mail: Post on the property and mail a copy (last resort)

What if my tenant is avoiding service?

This is a common tactic that can delay evictions. If the tenant is evading personal service, use substituted service or post and mail. Document all attempts carefully with dates, times, and witnesses.

Step 2: File an Unlawful Detainer Lawsuit

If the tenant doesn't comply with the notice, file an Unlawful Detainer lawsuit with the Superior Court in the county where the property is located.

Steps to File:

• Complete the Unlawful Detainer Complaint (Form UD-100)

• Pay filing fee ($240-$435 depending on amount claimed)

• Have the court serve the tenant with the lawsuit

Do I need to hire an attorney to file an Unlawful Detainer lawsuit?

While you can file without an attorney, most landlords find legal representation valuable—especially in tenant-friendly jurisdictions. Attorney fees typically range from $1,500-$5,000 for a contested eviction.

Step 3: Attend the Court Hearing

If the tenant responds to the lawsuit, a court hearing will be scheduled. Bring all documentation and be prepared to present your case.

What if I'm uncomfortable testifying in court?

Many landlords find court appearances stressful. An attorney can handle most of the presentation, but you may still need to testify. If you want to avoid court entirely, consider selling the property to a cash buyer who takes properties with tenants in place.

Step 4: Enforce the Writ of Possession

If the tenant still refuses to leave after judgment, you'll need to request a Writ of Possession from the court and have the sheriff enforce it.

Sheriff Backlog Warning

Many California counties have significant sheriff backlogs for eviction enforcement. This can add weeks to your timeline. Never attempt self-help eviction—it's illegal and can result in significant penalties.

The True Cost of Eviction in California

Hidden Costs

Beyond financial costs, consider the time investment: phone calls, court appearances, coordination with attorneys and sheriffs. Many landlords spend 40+ hours managing a single eviction.

Alternatives to Eviction

Given the costs and timeline of eviction, consider these alternatives:

Consider Selling

Fast Home Buyer California purchases rental properties with tenants in place. No eviction needed, no repairs required, and you can close in as little as 7 days. Call (916) 507-2502 for a free cash offer.

Frequently Asked Questions

How long does eviction take in California?

Best case: 30-45 days. Typical contested eviction: 60-90 days. Complex cases with tenant delays: 3-6+ months.

Can I evict a tenant without going to court?

No. California requires landlords to obtain a court judgment before removing tenants. Self-help evictions are illegal.

What if my tenant files for bankruptcy?

Bankruptcy triggers an automatic stay that temporarily halts eviction proceedings. You'll need to file a motion for relief from stay, adding weeks to the process.

Can I evict a tenant in winter?

Yes. California has no seasonal eviction restrictions, unlike some other states.

What happens to tenant belongings after eviction?

You must store abandoned property for 15-18 days and send written notice. Only then can you dispose of or sell the items.

Part of Our Complete Guide

Complete California Eviction Process Guide for Landlords [2026]

Read the full guide for more in-depth information on this topic.

Need to Sell Your California House Fast?

We buy houses in any condition throughout California. Get a fair cash offer with no obligations.

Explore Our Complete Guides

Avoiding Foreclosure in California: All Your Options Explained

Complete California guide

California Inheritance Law: Your Guide to Inheriting & Selling Fast

Inherited property guide

Cash Home Buyers vs Traditional Real Estate: The Complete Comparison Guide